R v AB

[2020] NSWDC 521

District Court

New South Wales

Medium Neutral Citation:

R v AB [2020] NSWDC 521

Hearing dates:

14 August 2020

Date of orders:

11 September 2020

Decision date:

11 September 2020

Jurisdiction:

Criminal

Before:

Weinstein SC DCJ

Decision:

Full-time custodial order to be served by way of aggregate term of imprisonment. For orders see [54]

Catchwords:

SENTENCE – sexual intercourse with child under the age of 10 – groom child for unlawful sexual activity – position of authority- first offence- in the home of the child – in the presence of another child

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Alesbhi v R; Esbhi v R [2018] NSWCCA 30

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002

JM v R (2014) 246 A Crim R 528

Markarian v The Queen [2005] HCA 25

Mill v The Queen (1988) 166 CLR 59

Muldrock v The Queen (2011) 244 CLR 120

R v ND [2016] NSWCCA 103

Category:

Sentence

Parties:

Regina (Crown)
AB (Offender)

Representation:

DPP (Crown) (Mr B Page)
Mr S Howell (Offender)

File Number(s):

2019/190213

Publication restriction:

Non Publication Order with respect to the name of the complainant or any information that may identify her.

Judgment

1. The offender, who I will refer to as AB so as to protect the identity of the victim, born in 1984, is before the court for sentence for:

1. Sexual intercourse with child under the age of 10 years contrary to s 66A(1) of the Crimes Act 1900 for which the maximum penalty is life imprisonment and the standard non-parole period is 15 years (sequence 3);

2. Groom child under 14 years for unlawful sexual activity contrary to s 66EB(3) of the Crimes Act 1900 for which the maximum penalty is 12 years and the standard non-parole period is 5 years (sequence 4); and

3. Intentionally carry out sexual act with child under 10 years of age contrary to s 66DC(a) of the Crimes Act 1900 for which the maximum penalty is 7 years and for which there is no standard non-parole period (sequence 11).

2. There are also matters on a Form 1 which the offender asks me to take into account when sentencing him. There is a charge of indecent assault person under 16 years of age contrary to s 61M(2) of the Crimes Act 1900, and a charge of incite victim under 10 years to commit indecent act contrary to s 61)(2) of the Crimes Act 1900. They both attach to sequence 3.

3. The agreed facts are as follows:-

1. At the time of the offences, the offender was in a domestic relationship with the victim’s mother JC.

2. Until May 2017, the offender, JC and the victim lived together in Ruse. From May 2017, they lived in Bradbury.

3. In July 2017, JC gave birth to a daughter to the offender.

Sequence 10 – Incite victim under 10 years to commit indecent act (DV)-T1 (Form 1)

4. While the family was living at…